PEOPLE v. SAMPER (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Carlos SAMPER, Defendant-Appellant.

Decided: May 13, 1997

Before MURPHY, P.J., and ROSENBERGER, WALLACH, TOM and ANDRIAS, JJ.

Susan Axelrod, for respondent. Daniel M. Perez, for defendant-appellant.

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 18, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

As a whole, the court's supplemental charges on evaluating witnesses' credibility adequately conveyed the proper standards (People v. Fields, 87 N.Y.2d 821, 637 N.Y.S.2d 355, 660 N.E.2d 1134).

The court properly exercised its discretion when it denied defendant's motion for a mistrial since the court promptly struck the offending testimony and issued curative instructions to the jury (People v. Owens, 214 A.D.2d 480, 481, 625 N.Y.S.2d 524, lv denied 86 N.Y.2d 799, 632 N.Y.S.2d 513, 656 N.E.2d 612). The court properly declined to discharge the purportedly deadlocked jury, which had deliberated over a 2-day period, during which it requested and obtained extensive readback and re-instruction (Matter of Plummer v. Rothwax, 63 N.Y.2d 243, 481 N.Y.S.2d 657, 471 N.E.2d 429).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network